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PEOPLE v. CAMPBELL

No. 4-02-0046.

803 N.E.2d 1047 (2004)

345 Ill. App.3d 810

281 Ill.Dec. 426

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Teshome CAMPBELL, Defendant-Appellant.

Appellate Court of Illinois, Fourth District.

January 27, 2004.

Attorney(s) appearing for the Case

Daniel M. Kirwan, Deputy Defender, Nancy L. Vincent, Assistant Defender (argued), Office of State Appellate Defender, Mt. Vernon, for Teshome Campbell.

John C. Piland, Champaign County State's Attorney, Urbana, Norbert J. Goetten, Director, Robert J. Biderman, Deputy Director, David E. Mannchen, Staff Attorney (argued), State's Attorneys Appellate Prosecutor, Springfield, for the People.

Justice COOK delivered the opinion of the court:

Defendant, Teshome Campbell, appeals the December 2001 summary dismissal of his pro se postconviction petition on the grounds of res judicata and waiver. We reverse and remand.

Defendant was convicted of first degree murder (720 ILCS 5/9-l(a)(2) (West 2002)) on October 15, 1998. The evidence at trial indicated that defendant sold fake drugs to the victim on a street corner during the early morning...

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